A. The City Engineer or designee has the authority to administer this chapter and to approve, deny, or request modifications of encroachment permits or to seek additional information prior to a final decision.
B. All work performed under the encroachment permit is subject to inspection by the City Engineer or designee. A final inspection will be conducted by the City upon completion of the permitted work.
C. The City Engineer shall review the encroachment permit application and shall issue the permit if it is consistent with the application contents and standards of this chapter. The City Engineer may set conditions deemed necessary to carry out the purpose and standards of this chapter.
D. No construction work shall be started or utilities placed until the City has given written notice to the applicant or utility to proceed. The Bonner County Sheriff's Office and the Westside Fire District shall be notified by the applicant or utility of the dates and times of full or partial road closures associated with the utility placement to allow for any necessary rerouting of emergency vehicles. The applicant or utility shall publish a notice of any full road closures in the Bonner County Daily Bee at least one (1) week in advance of the closure, stating the date and location of the closure and the estimated duration of the closure. The applicant or utility shall also post signs on the road where a full closure is to occur, notifying the traveling public of the dates, times and duration of the closures.
E. The encroachment permit shall be valid for one hundred eighty (180) days. The City may apply a construction timeframe restriction or issue an extension if weather, environmental conditions, material availability, or other unforeseen circumstances warrant.
F. Any final decision made by the City Engineer or designee may be appealed to the City Council by filing a written notice no later than ten (10) working days after the final decision is made. The City Council shall consider the appeal at its next available regular meeting, allowing sufficient time for public notice.
G. Minor exceptions to the standards of this chapter may be approved by the City Engineer, if the variation is demonstrated to meet the purpose of this chapter and will meet standard engineering practices and/or specific site conditions. Any other requested variations to the standards of this chapter shall be considered by the City Council. Variance requests shall be submitted to the City Clerk, and shall identify the reason for the request.
H. By accepting the permit, the applicant shall be deemed to agree to hold the City and its employees and representatives free and harmless from damage or injury to any person or property arising from work or installation. The applicant shall remain liable for the improvements covered by the permit for twelve (12) months after completion.
I. Upon request, the applicant shall provide proof of liability insurance in a form and amount acceptable to the City. No permit shall be issued without proof of such insurance, when required. (Ord. 149, 3-9-2017)